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Selective Enforcement Claim Against Town Dismissed
Thomas v. Genova2025 WL 583182
U.S. Court of Appeals, Second Circuit
(unsigned opinion)
In property owners’ action alleging malicious prosecution, selective enforcement of the zoning code, and intentional discrimination, property owners appealed from federal district court’s grant of summary judgment to the town and town officials. The Second Circuit affirmed, holding that property owners had not raised questions of fact warranting trial.
Property owners purchased what they believed was a two-family house and began renting out the upstairs unit. Responding to a civilian complaint, the town code enforcement officer discovered that the house, which was located in a single-family zoning district, had two doorbells, two electric meters, and two cable television lines. Further research revealed that the house did not have a certificate of occupancy for two units. The town brought a criminal prosecution against one of the owners for operating a two-family house in a single-family district and for operating the two-family house without a valid certificate of occupancy. The owner was acquitted, and then brought this action against the town and town officials, alleging malicious prosecution, selective enforcement, and intentional discrimination. The district court granted summary judgment to the town and its officials.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.